Legal Question in Real Estate Law in Louisiana
Just the Facts! In Louisiana!
Just the Facts!
In Louisiana!
1. My mother and father gave me a track of land
2. 20 years ago
3. I sold a track of land with mortgage
4. To a married woman, or about to be married, but it
was done in her maiden name
5. This woman never paid for it
6. Then she died
7. She �Willed� it to her children
8. The lawyer did not check to see if the mortgage was paid
9. The land was transferred to the daughter
10.The daughter �Quick Claim� it to her �father� or
�step father�
11. ** Note** the same woman�s husband who
originally wanted to buy the land
12. He Quick Claim it to another man
13. This man did not pay taxes on the land
14. So it was put up for auction and advertised
in the paper under his name
15. An Oil Co got it at auction for the taxes
16. The Oil Co. started drilling for gas and oil on the land
17. I still have the original mortgage and it
was recorded at the courthouse
now for my question!
I would like to reclaim the land, put it back in my name and give it to my kids.
Can I get it back? If so how? And where do I start!
1 Answer from Attorneys
Re: Just the Facts! In Louisiana!
I can understand the succession transferring the property to the children without picking up the mortgage because the law only requires a detailed descriptive list of assets and liabilities be executed by a person under oath. And I can see where the quitclaims were done without checking the public records because apparently there was no money borrowed to obtain title. However, it is hard to believe that at the tax sale the sheriff's deed did not list your mortgage. There are a number of details that your question does not provide which might explain why your mortgage did not show up. In what parish is the property located? Generally, the mortgage follows the property from buyer to buyer if properly recorded in the first place.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
